GURUKUMAR G. CHOUKIMATH Vs. CBI

JUDGEMENT

(1.) The appellant in Criminal Appeal No.741 of 2011 being accused No.5; the appellant in Criminal Appeal No.724 of 2011 being accused No.1; and the appellant in Criminal Appeal No.790 of 2011 being accused No.2 in Spl.CC No.54 of 2004 on the file of the learned XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru (CCH.34), are impugning the judgment of conviction and order of sentence dtd. 4/7/2011, convicting accused Nos.1, 2, 4 and 5 for the offences punishable under Ss. 120-B read with Sec. 420 , 468 , 471 , 477-A and 409 of IPC and also convicting accused No.1 for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of PC Act, and sentencing accused Nos.1, 2 , 4 and 5 to undergo simple imprisonment for a period of two years for the offence punishable under Sec. 120-B of IPC; to undergo simple imprisonment for a period of two years and to pay fine of Rs.10,000.00 for the offence punishable under Ss. 420 , 468 , 471 and 477-A of IPC; and accused No.1 was sentenced to undergo simple imprisonment for a period of two years and to pay fine of Rs.10,000.00 for the offence punishable under Sec. 13(1)(d) read with Sec. 13(2) of PC Act, with default sentences.

(2.) Brief facts of the case as made out by the prosecution is that, accused No.1 being the Manager of Corporation Bank, SR Branch, Mysuru during 1998-2000 was the public servant and he conspired with accused Nos.2 to 5. They have fraudulently created charge on FCNR(B) account Nos.4/99, 9/99, 20/99, 14/2000, 15/2000 and 16/2000, forged valuable security, used forged documents as genuine and tampered the books of accounts. It is stated that accused No.1 in furtherance of the common object, criminally conspired with accused Nos.2 to 5, forged and cheated the FCNR(B) account holders by forging the signatures of the depositors, forged the parallel deposit receipts, the ledger folio and managed to delete the condition found on the deposit receipts Nos.125014 and 125015 not to create the lien and cheated the bank by granting loan of Rs.52,00,000.00 to accused No.2, Rs.45,00,000.00 and Rs.49,25,104.00 to accused No.3, Rs.30,00,000.00 and Rs.65,00,000.00 to accused No.4 on the security of FCNR(B) Nos.4/99, 9/99, 20/99, 14/2000 and 15/2000. Thus, accused No.1 fraudulently granted loan to accused Nos.2 to 4 and availed financial accommodation of Rs.175.74 lakhs and misappropriated the same. Thereby, they have committed criminal breach of trust. Accused No.1 being the public servant was party to the criminal conspiracy with accused Nos.2 to 5 obtained pecuniary advance of Rs.5,60,600.00 committed misconduct and thereby committed the offences as stated above. The Investigating Officer after investigation, filed the final report against accused Nos.1 to 5 for the offences as stated above.

(3.) Learned Magistrate took cognizance of the offences and summoned the accused. The accused appeared before the Trial Court, pleaded not guilty and claimed to be tried. The prosecution examined PWs.1 to 36, got marked Exs.P1 to P386. Accused have denied all the incriminating materials available on record in their statement recorded under Sec. 313 of Cr.P.C. Accused No.5 got examined Exs.D1 to D4 in support of his defence. The Trial Court after taking into consideration all these materials on record came to the conclusion that the prosecution is successful in proving the guilt of accused Nos.1, 2, 4 and 5 for the offences punishable under Sec. 120-B read with Ss. 420 , 468 , 471 , 477-A , 409 of IPC and accused No.1 is also found guilty for the offence punishable under Ss. 13(1)(d) read with Sec. 13(2) of PC Act. Accordingly, they were sentenced as stated above.